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This new work clarifies Aquinas’ concept of natural law through his biblical commentaries, and explores its applications to U.S. constitutional law. The first time the use of Aquinas on the U.S. Supreme Court has been explored in depth, and its applications tested through a rigorous reading of the biblical commentaries Shows how key judgments in the Supreme Court have rested on medieval natural law, and applies critical gender theory to discuss problems with these applications Offers new research data to give a different picture of Aquinas and natural law, and a fresh take on Aquinas’ biblical commentaries New research based on passages in the biblical commentaries never before available in English
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.
What is the meaning of human life? The Summa Theologica is, in effect, Thomas Aquinas' answer to this question. With the goal of showing why human beings exist, their destiny, and how they can achieve it, Aquinas argues that human beings exist to know God, that their destiny is to enjoy the vision of him in the next life, that they need to act properly in this life in order to be worthy of their destiny, and that the Church's sacraments are the means to do so. The Summa Theologica represents a major attempt to introduce the method and principles of Aristotle into the study of Christian theology. Intended for an educated general audience and philosophical neophytes, A Philosophical Primer on the Summa Theologica will help readers become better acquainted with Aquinas' thought, summarily expressing his positions and arguments largely in his own terms. Using an innovative format, author Richard Regan makes available in one volume a more integrated view of Aquinas' philosophy in the Summa Theologica.
Pope John Paul's Theology of the Body catecheses has garnered tremendous popularity in theological and catechetical circles. Students of the Theology of the Body have generally interpreted it as innovative not only in its presentation of the Church's teaching on marriage and sexuality, but also as radically advancing that teaching. Aquinas and the Theology of the Body offers a somewhat different interpretation. Fr. Thomas Petri argues that the philosophy and theology of Thomas Aquinas substantially contributed to John Paul's intellectual formation, which he never abandoned. A correct interpretation of the Theology of the Body requires, therefore, a thorough understanding of Thomistic anthropology and theology, which has been mostly lacking in commentaries on the pope's important contributions on the subject of marriage and sexuality.
Daniel Schwartz presents and examines the thoughts of the great medieval philosopher Thomas Aquinas on the subject of friendship - the ideal type of relationship that rational beings should cultivate. Using examples from the world of human relationships and politics and highlighting the contemporary relevance of texts that are not readily available to scholars, Schwartz facilitates access to the ideas of this great thinker.
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.